Bill C-4 explained in plain English
An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 41st Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill C-4 amends immigration, refugee, and marine transportation laws to create new powers for the Minister to designate irregular arrivals, impose restrictions on designated foreign nationals seeking permanent residence or protection, establish mandatory detention rules, increase penalties for human smuggling offences, and increase penalties under the Marine Transportation Security Act.
Bill C-4, called the "Preventing Human Smugglers from Abusing Canada's Immigration System Act," makes significant changes to how Canada handles immigration and refugee protection, particularly for people arriving as part of groups. The bill creates a new category called "designated foreign nationals." The Minister of Immigration can designate a group arrival as irregular if examinations cannot happen quickly or if there are reasonable grounds to suspect human smuggling involving a criminal organization or terrorist group. Once someone is designated, they face several restrictions: 1. They cannot apply for permanent residence for five years after their refugee claim or protection application is finally decided. 2. If they already applied for permanent residence before being designated, processing stops for five years. 3. Officers can refuse to consider their applications if they fail to follow conditions without good reason and less than 12 months have passed since the waiting period ended. 4. They cannot apply for a temporary resident permit for five years. Designated foreign nationals must be detained when they arrive in Canada or when they are identified as designated after arrival. They stay detained until their refugee or protection claim is allowed, or until released by the Immigration Division or Minister. Initial detention reviews happen after 12 months, with further reviews every 6 months. The Immigration Division must impose prescribed conditions if they order release. People whose refugee protection is approved cannot become permanent residents without a permit unless they obtain specific documents, and people cannot become permanent residents while the Minister's application to end their refugee protection is pending. The bill also increases penalties for human smuggling. The offence now clearly applies when someone organizes entry knowing or not caring whether entry breaks immigration law. Minimum prison sentences are added: 3 years for offences involving fewer than 50 people if certain aggravating factors exist, and up to 10 years for larger groups with aggravating factors. Endangering someone's life or safety is listed as an aggravating factor when deciding penalties. For the Marine Transportation Security Act, penalties increase for failing to provide required vessel information before entering Canadian waters or failing to follow ministerial directions. The bill creates a new offence for vessels that don't follow directions. It also allows the Governor in Council to make regulations about sharing vessel information with government departments for safety or security purposes. The bill extends the time limit for prosecuting summary conviction offences from six months to either five or ten years, depending on the type of offence. Several sections do not come into force automatically; their start date will be set later by order of the Governor in Council.
- Creates a 'designated foreign national' category for members of groups designated as irregular arrivals by the Minister
- Allows the Minister to designate a group arrival as irregular if examinations cannot be conducted timely or if there are reasonable grounds to suspect human smuggling involving a criminal organization or terrorist group
- Imposes a five-year ban on designated foreign nationals applying for permanent residence, measured from when their refugee or protection claim receives a final decision
- Suspends processing of permanent residence applications for people who become designated after applying
- Allows officers to refuse to consider permanent residence applications if applicants fail to comply with release conditions or reporting requirements without reasonable excuse within 12 months of the waiting period ending
- Imposes the same five-year restrictions on designated foreign nationals applying for temporary resident permits
- Prevents designated foreign nationals from requesting review of their case for permanent residence consideration until five years have passed
- Mandates detention of designated foreign nationals upon entry or identification, to continue until refugee claim approval, release by Immigration Division, or ministerial release order
- Establishes initial detention review after 12 months and further reviews every 6 months for designated foreign nationals
- Requires prescribed conditions to be imposed when Immigration Division releases a designated foreign national
- Allows the Minister to release designated foreign nationals if exceptional circumstances exist, with conditions as deemed necessary
- Requires designated foreign nationals granted refugee protection to report to an officer in accordance with regulations
- Prevents people from becoming permanent residents while the Minister's application to end their refugee protection is pending
- Clarifies that designated foreign nationals granted protection only 'lawfully stay' in Canada if they become permanent residents or get a temporary permit
- Removes the right to appeal a refugee protection decision for designated foreign nationals
- Clarifies the human smuggling offence applies when someone organizes entry knowing or being reckless about whether entry violates immigration law
- Adds minimum prison sentences for human smuggling: 3 years for offences involving fewer than 50 people with aggravating factors, 5 years if both life endangerment and criminal organization involvement occur, 5 years for groups of 50+ with one aggravating factor, and 10 years for groups of 50+ with both aggravating factors
- Lists endangerment of life or safety as an aggravating factor when determining penalties for smuggling offences
- Changes the definition of 'criminal organization' in smuggling provisions to match the Criminal Code definition
- Extends limitation periods for prosecuting summary conviction offences from 6 months to 10 years for smuggling and related offences, and to 5 years for other offences
- Increases penalties for individuals who fail to provide required vessel information before entering Canadian waters: up to $75,000 fine or 1 year imprisonment on indictment, or up to $50,000 fine or 6 months imprisonment on summary conviction
- Creates new offence for vessel operators who don't follow ministerial directions: fines up to $200,000 or 1 year imprisonment for individuals on first offence (indictment), up to $500,000 or 2 years for subsequent offences, and fines up to $500,000 for corporations on first offence, $1,000,000 on subsequent offences
- Creates new offence for vessels themselves that don't follow directions: fines up to $100,000 on first offence, $200,000 on subsequent offences
- Increases penalties for providing false or misleading vessel information
- Authorizes Governor in Council to make regulations about disclosing vessel information collected under the Marine Transportation Security Act to federal departments or agencies for safety or security purposes
- Allows designation of irregular arrivals to apply retroactively to groups that arrived after March 31, 2009 but before the bill comes into force
- Foreign nationals who arrive in Canada as part of groups the Minister designates as irregular arrivals
- People designated as 'designated foreign nationals' by the Minister
- Refugee claimants from designated groups seeking protection or permanent residence
- Officers and immigration officials who process and detain foreign nationals
- Immigration Division and Refugee Protection Division decision makers
- People charged with or convicted of human smuggling offences
- Vessel operators and owners subject to marine transportation security requirements
- Individuals who fail to provide required vessel information or follow ministerial directions related to vessel security
- Government departments and agencies that may receive disclosed vessel information for security purposes
- Legal representatives handling immigration and refugee cases for designated nationals
- The Minister has the power to designate group arrivals as irregular, triggering automatic 'designated foreign national' status for group members
- Officers must detain designated foreign nationals upon their entry to Canada
- Officers must arrest and detain (or issue warrants) for people who become designated after entering Canada
- The Immigration Division must review detention reasons after 12 months and every 6 months thereafter for designated nationals
- The Immigration Division must impose prescribed conditions when releasing a designated national
- Designated nationals must report to an officer if granted refugee protection, as required by regulations
- Designated nationals must answer all questions truthfully when reporting and provide requested documents
- The Minister may order release of a designated national in exceptional circumstances
- Designated nationals cannot appeal refugee protection decisions
- Designated nationals cannot become permanent residents for five years after their refugee or protection claim is finally decided
- Officers can refuse to consider applications if conditions are breached without reasonable excuse within 12 months of the waiting period ending
- Asylum seekers cannot become permanent residents while the Minister's cessation application is pending
- Vessel operators must comply with ministerial directions or face penalties
- Individuals must provide required vessel information before vessels enter Canadian waters
- The Minister must follow Governor in Council regulations regarding disclosure of vessel information to federal agencies
- Bill's first reading was June 16, 2011
- Current status: at second reading in the House of Commons
- Sections 18 to 23 and 25 to 32 come into force on a date or dates to be fixed by order of the Governor in Council (commencement date not yet determined)
- Other sections (1–17, 24, 33–36) presumed to come into force on royal assent
- Designation authority applies retroactively to group arrivals between March 31, 2009 and the date this section comes into force
- Special transitional provisions apply for people already in detention when relevant sections come into force
- Increased enforcement costs associated with mandatory detention of designated foreign nationals for extended periods
- Costs for additional detention review hearings (initial review after 12 months, then every 6 months)
- Potential costs for administering reporting requirements for designated nationals granted protection
- Court and prosecution costs for increased human smuggling charges with minimum sentences
- Vessel operator compliance costs associated with new and increased penalties and information requirements
- Administrative costs for Minister's office in making designation orders for irregular arrivals
- Potential costs to the immigration system from delays in permanent residence and protection application processing
- Mandatory detention of designated foreign nationals upon entry or identification
- 5-year ban on permanent residence applications for designated nationals
- 5-year ban on temporary resident permit requests for designated nationals
- Officers' authority to refuse to consider applications if conditions are breached without reasonable excuse
- Loss of appeal rights for designated nationals in refugee protection decisions
- Prohibition on becoming permanent resident while Minister's cessation application is pending
- Minimum 3 years imprisonment for human smuggling offences involving fewer than 50 people if life endangerment or criminal organization involvement occurs
- Minimum 5 years imprisonment for human smuggling offences involving fewer than 50 people if both life endangerment and criminal organization involvement occur
- Minimum 5 years imprisonment for human smuggling offences involving 50+ people if either life endangerment or criminal organization involvement occurs
- Minimum 10 years imprisonment for human smuggling offences involving 50+ people if both life endangerment and criminal organization involvement occur
- Maximum life imprisonment for human smuggling offences (existing penalty maintained)
- Fines up to $75,000 and 1 year imprisonment for individuals failing to provide vessel information (indictment)
- Fines up to $50,000 and 6 months imprisonment for individuals failing to provide vessel information (summary conviction)
- Fines up to $200,000–$500,000 or 1–2 years imprisonment for individuals operating vessels that don't follow directions
- Fines up to $500,000–$1,000,000 for corporations operating vessels that don't follow directions
- Fines up to $100,000–$200,000 for vessels that don't follow directions
- Extended limitation periods: 10 years for smuggling offences, 5 years for other immigration offences (previously 6 months)
- The bill does not specify what 'timely manner' means for conducting examinations that would trigger designation authority
- The bill does not define 'exceptional circumstances' that would justify ministerial release of a designated national before their detention period ends
- The bill does not detail what 'prescribed conditions' the Immigration Division must impose on release; these conditions are to be set by future regulations
- The bill does not specify what reporting requirements regulations will impose on designated nationals granted protection
- The bill does not specify which particular future date or dates various sections will come into force; coming into force is deferred to orders of the Governor in Council
- The bill does not clarify how the five-year restriction periods interact if a designated national's circumstances change (e.g., if their protection status changes)
- The bill does not specify what happens if a designated national is released and re-detained during the restriction period
- It is unclear whether the five-year bars apply if a person was part of a designated group but escaped detention before designation was formally made
- The bill does not specify procedures for challenging or appealing a ministerial designation decision
- The provision allowing retrospective designation to arrivals since March 31, 2009 leaves unclear how far back the Minister can go in practice
Adds new provisions creating designated foreign nationals category, imposing five-year restrictions on permanent residence and temporary permit applications, establishing mandatory detention rules for designated nationals, preventing permanent residence during minister's cessation applications, removing appeal rights for designated nationals, and clarifying refugee travel document requirements.
Changes rules so that refugee claimants whose initial approval is vacated may apply again within 12 months instead of facing the normal 12-month bar.
Increases penalties for failing to provide vessel information or follow ministerial directions, creates new vessel offence, and authorizes regulations for sharing vessel information with federal agencies for safety or security purposes.
Criminal organization and terrorist group definitions from the Criminal Code are adopted for use in determining minimum sentences under the immigration smuggling provisions.
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textThe official summary published alongside the bill, shown exactly as written.
Source: Parliament of Canada (LEGISinfo)
A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 16 June 2011, the Minister of Public Safety introduced Bill C-4, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act (Preventing Human Smugglers from Abusing Canada’s Immigration System Act), in the House of Commons and it was given first reading. Bill C-4 amends the Immigration and Refugee Protection Act. Among other things it • authorizes the Minister to designate as an irregular arrival the arrival in Canada of a group of persons, the result of which is that some of the foreign nationals in the group become designated foreign nationals; • authorizes an officer or the Minister to refuse to consider an application for permanent residence; • provides that a person may not become a permanent resident as long as an application by the Minister for cessation of that person’s refugee protection is pending; • adds, as grounds for the detention of a permanent resident or foreign national, the existence of reasonable grounds to suspect that the person concerned is inadmissible on grounds of serious criminality, criminality or organized criminality; • provides that the Immigration Division must impose any prescribed conditions on the release of certain designated foreign nationals; • provides for detention rules and a review procedure that are specific to the detention of certain designated foreign nationals; • clarifies the authority of the Governor in Council to make regulations in respect of conditions of release from detention; • provides that certain designated foreign nationals may not apply to become permanent residents until the expiry of a certain period; • requires certain designated foreign nationals on whom refugee protection has been conferred to report to an officer; • authorizes the Governor in Council to make regulations respecting the reporting requirements imposed on certain designated foreign nationals; • provides that the offence of human smuggling is committed when a person organizes the coming into Canada of another person and knows, or is reckless as to whether, the entry into Canada is or would be in contravention of the Act; • provides for minimum punishments for the offence of human smuggling in certain circumstances; • in respect of the determination of the penalty to be imposed for certain offences, adds as an aggravating factor the endangerment of the life or safety of any person as a result of the commission of the offence; • changes the definition of “criminal organization” in Part 3 to give it the same meaning as in subsection 467.1(1) of the Criminal Code; and • extends the time for instituting proceedings by way of summary conviction from six months to five years. The enactment also amends the Balanced Refugee Reform Act to provide that a refugee protection claimant whose claim is rejected is not prevented from applying for protection earlier than 12 months after the day on which the claim is rejected, if it is rejected as a result of a vacation of the initial decision to allow the claim. The enactment also amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information required to be reported before a vessel enters Canadian waters or to comply with ministerial directions and for persons who provide false or misleading information. It creates a new offence for vessels that fail to comply with ministerial directions. It also amends the Act to authorize regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.
This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.
View on LEGISinfoParliamentary Process
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Bill C-4, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act, completed its first reading in the House of Commons on June 16, 2011.
This artifact marks the first reading of Bill C-4 in the House of Commons on June 16, 2011. This is a procedural step where the bill is formally introduced. The bill's full title is 'An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act'. The artifact also notes that the bill later proceeded to second reading on June 21, 2011, with related debates occurring in September and October 2011.
On June 16, 2011, the House of Commons introduced Bill C-4, debated various issues including labor disputes, and passed Bill C-2 (Fair and Efficient Criminal Trials Act) at second reading.
This document details a sitting of the House of Commons on June 16, 2011. During this sitting, Bill C-4, concerning amendments to the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, and the Marine Transportation Security Act, was introduced and received first reading. The sitting also included debates and discussions on various other matters, including labor relations, the economy, and specific legislative proposals. Notably, a motion to expedite the debate and passage of Bill C-2, the Fair and Efficient Criminal Trials Act, was agreed upon, and the bill subsequently passed second reading and was referred to committee.
Bill C-4 is currently at the second reading stage in the House of Commons, with debates having taken place on this stage.
This artifact describes the status of Bill C-4 at the second reading stage in the House of Commons. The second reading debate occurred on October 3, 2011. The bill was first read on June 16, 2011, and the second reading began on June 21, 2011. The artifact lists several dates where major speeches were made during the second reading debate. It also notes that a similar bill, C-49, was introduced in a previous Parliament.
The House of Commons sitting on June 21, 2011, featured extensive debate on back-to-work legislation for postal services and the introduction of a bill to combat human smuggling, alongside votes on budget implementation and supply motions.
On June 21, 2011, the House of Commons convened for a sitting that included routine proceedings, questions on the order paper, and government orders. Notably, Bill C-6, concerning the resumption and continuation of postal services, was debated extensively, with various members from different parties expressing their views on back-to-work legislation, its impact on workers' rights, and the economy. The sitting also included statements by members on a variety of topics, oral questions focusing on Canada Post, Aboriginal affairs, and government spending, and the beginning of the debate on Bill C-4, which aims to prevent human smugglers from abusing Canada's immigration system. The House also voted on and passed Bill C-3, concerning vulnerable seniors and the economy, and dealt with business of supply motions.
During the second reading debate on Bill C-4, the Minister of Public Safety presented the "Preventing Human Smugglers from Abusing Canada's Immigration System Act," arguing it is crucial for national security and border integrity by deterring and prosecuting human smugglers, while opposition members raised concerns about the bill's potential impact on refugees and its constitutionality.
This artifact is a record of a debate at the second reading stage of Bill C-4 in the House of Commons on June 21, 2011. It mainly consists of the speech by the sponsor of the bill, and the subsequent debate among Members of Parliament. The debate also includes other proceedings from that day, such as routine proceedings, statements by members, and oral questions on various topics unrelated to Bill C-4. The core of the debate on Bill C-4 itself, the "Preventing Human Smugglers from Abusing Canada's Immigration System Act," is presented by the Minister of Public Safety, who argues for the bill's necessity in combating human smuggling and protecting Canada's borders and immigration system.
During the second reading debate on Bill C-4, Members of Parliament discussed the government's proposed measures to combat human smuggling and deter irregular migration, with various perspectives shared on the bill's impact on refugees and Canada's immigration system.
On June 21, 2011, the House of Commons was debating Bill C-4, which aims to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, and the Marine Transportation Security Act. The specific artifact provided is a transcript of the debate that occurred during the second reading stage of the bill. The debate included discussions on the government's proposed legislation to address human smuggling and its impact on Canada's immigration system. Members from various parties expressed their views and concerns regarding the bill's provisions, including mandatory detention, penalties for human smugglers, and the overall approach to refugee claims.
During a House of Commons debate on Bill C-4, an act addressing human smuggling, Members of Parliament discussed the bill's measures, with the opposition raising concerns about its impact on refugees and potential charter violations, while the government defended it as a necessary measure for border security and immigration system integrity.
This artifact is a record of a debate in the House of Commons on June 21, 2011, concerning Bill C-4, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act. The debate focused on proposed measures to address human smuggling. Several members, particularly from opposition parties, raised concerns about the bill's provisions regarding mandatory detention of arrivals, potential impact on refugees, and the broad discretion given to the Minister of Public Safety. They argued that the bill unfairly targets refugees rather than smugglers and may violate Charter rights. Government members defended the bill as necessary to maintain border security, deter human smuggling, and ensure the integrity of the immigration system, stating that it is fair to those who follow legal processes and tough on those who exploit the system. The debate also touched upon the government's broader immigration policies and backlog issues.
During the second reading debate of Bill C-4 in the House of Commons, members of various parties expressed concerns about the bill's potential impact on refugees and its constitutionality, while the sitting also included tributes to Jack Layton and discussions on other national issues.
On September 19, 2011, the House of Commons commenced the second reading debate of Bill C-4, an act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, and the Marine Transportation Security Act. The sitting began with tributes to the late Jack Layton, Leader of the Opposition. Following the tributes, the House proceeded to Government Orders, where the debate on Bill C-4 commenced. Several members from different parties spoke, raising concerns about the bill's provisions, including the potential for creating two classes of refugees, mandatory detention for up to 12 months without review, the suspension of permanent residency applications for five years, and potential violations of the Charter of Rights and Freedoms and international refugee obligations. An amendment was proposed by the Liberal Party. The debate also touched upon various other government business, including statements by members on diverse topics and oral questions on the economy and other matters. The sitting concluded with routine proceedings and adjournment proceedings.
During a second reading debate on Bill C-4, Members of Parliament expressed differing views on its measures to deter human smuggling, with opposition members highlighting concerns about punishing refugees and government members emphasizing national security and fairness.
On September 20, 2011, during the second reading debate in the House of Commons, Members of Parliament discussed Bill C-4, the Preventing Human Smugglers from Abusing Canada’s Immigration System Act. The debate featured arguments from Members across multiple parties, including the NDP, Liberal Party, Bloc Québécois, and the Conservative Party. Opposition parties largely criticized the bill, raising concerns about its potential to unfairly penalize refugees, particularly children, by imposing mandatory detention and delaying family reunification and permanent residency applications. They argued that the bill creates two classes of refugees and may violate Canadian Charter rights and international conventions. Several members suggested the bill focuses too much on punishing victims rather than smugglers and that existing laws could be better enforced. Government members defended the bill, stating it is necessary to protect national security, deter illegal immigration, and ensure fairness in the immigration system, while also noting Canada's continued generosity to legitimate refugees. The debate also touched upon other government business, including routine proceedings like the introduction of Bill C-10 (Safe Streets and Communities Act) and various statements by members on diverse topics.
During the second reading debate on Bill C-4, Members of Parliament voiced strong opposition, arguing the bill unfairly targets refugees, violates charter rights, and does not effectively address human smuggling.
During the second reading debate on Bill C-4, Members of Parliament expressed significant concerns. Many argued that the bill unfairly targets refugees rather than human smugglers, creates a two-tiered system for refugee claimants, and potentially violates the Canadian Charter of Rights and Freedoms and international refugee conventions. Specific concerns were raised about mandatory detention, lengthy delays in processing applications, and the broad discretionary powers granted to the Minister. There was also discussion on the government's approach to immigration and refugees, with some members suggesting the bill is politically motivated and inconsistent with Canadian values.
During a House of Commons sitting on September 30, 2011, MPs debated Bill C-4 at second reading, with significant concerns raised by opposition members regarding its impact on refugees and Canada's international reputation, while government members defended it as a measure against human smugglers.
This document is a record of a sitting of the House of Commons on September 30, 2011, during which there was a debate at the second reading stage of Bill C-4, the Preventing Human Smugglers from Abusing Canada's Immigration System Act. Members of Parliament from various parties, primarily the NDP and CPC, spoke during the debate. The discussion focused on the bill's potential impact on refugees and Canada's international obligations, with opposition members expressing strong concerns about detention, family separation, and perceived discriminatory measures. Government members defended the bill as a necessary measure to combat human smuggling and ensure border security. The sitting also included statements by members on various other topics and oral questions on the economy, ethics, and other government matters.
On October 3, 2011, the House of Commons debated Bill C-7, the Senate Reform Act, with members discussing proposed changes to senator selection and term limits, alongside other routine parliamentary business.
This record details a sitting of the House of Commons on October 3, 2011, during the second reading debate of Bill C-7, the Senate Reform Act. The sitting included a Notice of Motion regarding Ways and Means, discussions on Senate reform with various members expressing their views, and various "Statements by Members" on diverse topics. The debate on the Senate Reform Act primarily focused on proposed changes to senator selection processes and term limits, with members from different parties debating the merits and potential constitutional implications of the bill.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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